Ashish Kumar Gupta vs State Of Chhattisgarh
2022 Latest Caselaw 1202 Chatt

                                      1

                                                                         NAFR
             HIGH COURT OF CHHATTISGARH, BILASPUR

                     Writ Petition (S) No. 1372 of 2022

      Ashish Kumar Gupta S/o Shri Ramkewal Prasad, Aged About 37
      Years, R/o Village Kewaly, Post Chaki, Tahsil Ramanujganj, P.S.
      Ramanujganj, District Balrampur Ramanujganj (C.G.)

                                                               ---- Petitioner

                                   Versus

   1. State Of Chhattisgarh Through Under Secretary Department Of
      School Education, Mahanadi Bhawan, Mantralaya, Capital Complex
      Naya Raipur Atal Nagar, District Raipur (C.G.)

   2. The Collector, Raipur, District Raipur (C.G.)

   3. The District Coordinator Mission Rajiv Gandhi Shiksha Mission Raipur
      District Raipur (C.G.)

   4. Block Resource Centre Rajiv Gandhi Shiksha Mission Abhanpur,
      District Raipur (C.G.)

                                                           ---- Respondents

For Petitioner : Mr. Akath Kumar Yadav, Advocate For State : Mr. Hariom Rai, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 08.03.2022

1. The grievance of petitioner is that though the transfer order/letter has

been issued on 24.01.2022, the petitioner is not being relieved.

2. The issue regarding implementation of transfer order has been

considered by this Court in the case of Ms. Manisha Agrawal v.

State of Chhattisgarh and others, 2015 (4) CGLJ 182 wherein

relying upon several judgments of the Supreme Court, it has been

held by this Court that once the employee has been transferred, it is

required to be complied with unless it is modified, varied or cancelled.

3. Therefore, in these circumstances, either the transfer order has to be

implemented or the State has the option to cancel, vary or modify or

keep in abeyance.

4. Accordingly, the writ petition is disposed of with a direction that if the

transfer order of petitioner is still operative, the respondent authorities

shall relieve the petitioner towards implementation of the aforesaid

transfer order within a period of 30 days from today.

5. It is also made clear that if any administrative exigency impede the

petitioner's relieving, the petitioner shall be informed in writing. It will

also remain open for the respondents to reconsider the issue of

transfer on account of any administrative exigency.

Sd/-

(P. Sam Koshy) Judge Khatai